Date: 01/15/2008

Final
BILL SUMMARY for HB08-1015

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Moved House Bill 08-1015 to the Committee of the W
PASS
TIE



01:30 PM -- Call to Order

The meeting was called to order by the chair, Representative Hodge.


01:30 PM-- House Bill 08-1015

Representative Marostica, prime sponsor, reviewed the provisions of House Bill 08-1015, concerning authorization for local governments to engage in marketing activities. He explained his reasons for bringing the bill and noted that this would expand the authorization so that statutory cities could engage in marketing.


01:32 PM

The following persons testified:

01:33 PM -- David Williams, Jr., representing the Libertarian Party of Colorado, testified in opposition to the bill. He said that the types of government activities authorized in the bill are not appropriate for taxpayer funding. He expressed concern that social activities could be included in the marketing activities and could invite abuse.

01:35 PM -- Greg White, representing the Town of Estes Park as town attorney, testified in support of the bill. Mayor John Baudek accompanied him at the witness table. Mr. White described the partnership that Estes Park has had with the Chamber of Commerce and the consolidation of activities that has taken place. He further described litigation that has taken place, and a recent Court of Appeals decision that narrowly defined advertising to exclude marketing in regard to statutory cities.


01:40 PM

Mr. White responded to questions from the committee. He testified that he was not aware of opposition to the bill in his community. Mr. White was asked to describe further the genesis of the litigation.

01:44 PM -- John Baudek, Mayor of Estes Park, representing the Town of Estes Park, testified in support of the bill and discussed the impact of the recent court decision on marketing and promotion of tourism by Estes Park. Now that the court has ruled that "advertising" and "marketing" may not be considered synonymous in statute, Mr. Baudek testified to the need for statutory clarification of these terms and the authorization given to statutory cities.


01:48 PM


Mr. Baudek and Mr. White responded to questions regarding to the types of social activities that might be included in marketing. The role of the private sector was raised as well. Mr. White said that the private sector may not have the capital needed to undertake all promotional activities, but agreed that marketing and tourism promotion need to be a public-private partnership.

01:51 PM -- Geoff Wilson, representing the Colorado Municipal League, testified in support of the bill. He said that he had not contemplated the distinction between marketing and advertising until the court's decision. He said he now agrees that the statutory change is needed.


01:54 PM

Mr. Wilson responded to questions from members of the committee. Representative Summers commented on the terminology as someone with a background in the area of marketing and advertising. Mr. Wilson discussed the history of the statute and the reasons the court gave for its ruling.


01:57 PM

Representative Marostica made closing comments on the bill.
BILL:HB08-1015
TIME: 01:59:19 PM
MOVED:Curry
MOTION:Moved House Bill 08-1015 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-1 roll call vote.
SECONDED:Garza-Hicks
VOTE
Curry
Yes
Gagliardi
Yes
Gardner B.
Yes
Garza-Hicks
Yes
King
Yes
Liston
Yes
Peniston
Yes
Soper
Yes
Summers
Yes
McKinley
No
Hodge
Yes
Final YES: 10 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS